§ 18-3-408.5 — Jury instruction on consent - when required

Colorado § 18-3-408.5

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Offenses Against the Person

Text

(1) In any criminal
prosecution for a crime listed in subsection (2) of this section or for attempt or
conspiracy to commit a crime listed in subsection (2) of this section, upon request of
any party to the proceedings, the jury shall be instructed on the definition of
consent as set forth in section 18-3-401 (1.5). Notwithstanding the provisions of
section 18-1-505 (4), an instruction on the definition of consent given pursuant to
this section shall not constitute an affirmative defense, but shall only act as a
defense to the elements of the offense.

(2) The provisions of subsection (1) of this section shall apply to the following
crimes:

(a) Sexual assault as described in section 18-3-402 (1)(a);

(b) Sexual assault as described in section 18-3-402 (1)(b), (1)(c), or (1)(e), as
they existed prior to July 1, 2000, for offenses committed prior to July 1, 2000;

(c) Sexual assault in the second degree as described in section 18-3-403
(1)(a) or (1)(b), as they existed prior to July 1, 2000, for offenses committed prior to
July 1, 2000;

(d) Unlawful sexual contact as described in section 18-3-404 (1)(a), (1)(c), or
(1)(d);

(e) Unlawful sexual contact as described in section 18-3-404 (1.7), as it
existed prior to July 1, 2010, for offenses committed prior to July 1, 2010;

(f) Invasion of privacy for sexual gratification as described in section 18-3-405.6; or

(g) Criminal invasion of privacy in violation of section 18-7-801.

Legislative History

Source: L. 92: Entire section added, p. 322, � 4, effective July 1. L. 2002: Entire section amended, p. 757, � 1, effective July 1. L. 2010: Entire section amended, (SB 10-128), ch. 415, p. 2047, � 7, effective July 1, 2012.